I-3 - Taxation Act

Section 1029.8.36.0.3.57 Disposition versions

2021-06-04

1029.8.36.0.3.57. (Repealed).

2002, c. 9, s. 74; 2003, c. 9, s. 218; 2015, c. 24, s. 139; 2021, c. 18, s. 119.

2015-10-26

1029.8.36.0.3.57. Where, before 1 January 2015, a corporation pays in a taxation year, in this section referred to as the “repayment year”, pursuant to a legal obligation, an amount that may reasonably be considered to be repayment of government assistance or non-government assistance that was taken into account for the purpose of computing qualified wages incurred in a particular taxation year by the corporation in respect of an eligible employee and in respect of which the corporation is deemed to have paid an amount to the Minister under section 1029.8.36.0.3.48 for the particular taxation year, or would be deemed to have paid an amount to the Minister under section 1029.8.36.0.3.48 for that particular year if that section were read without reference to the fourth and fifth paragraphs thereof, the corporation is deemed, if it encloses the prescribed form with the fiscal return it is required to file for the repayment year under section 1000, to have paid to the Minister on its balance due-day for the repayment year, on account of its tax payable for that year under this Part, an amount equal to the amount by which the amount that it would be deemed to have paid to the Minister for the particular year in respect of the qualified wages under section 1029.8.36.0.3.48 if it were read without reference to the fourth and fifth paragraphs thereof and if any amount of assistance so repaid at or before the end of the repayment year had reduced, for the particular year, the amount determined under subparagraph i of paragraph b of the definition of “qualified wages” in the first paragraph of section 1029.8.36.0.3.46, exceeds the aggregate of

(a)  the amount that the corporation is deemed to have paid to the Minister under section 1029.8.36.0.3.48 for the particular year in respect of the qualified wages, or would be deemed to have paid to the Minister under section 1029.8.36.0.3.48 for the particular year in respect of the qualified wages, if that section were read without reference to the fourth and fifth paragraphs thereof; and

(b)  any amount that the corporation is deemed to have paid to the Minister for a taxation year preceding the repayment year under this paragraph in respect of an amount of repayment of that assistance.

Notwithstanding the first paragraph, no corporation may be deemed to have paid the amount determined under that paragraph to the Minister, on account of its tax payable for the repayment year under this Part, where it elects irrevocably, in the manner and within the time specified in the third paragraph, to avail itself for the year of the provisions of section 34.1.9 of the Act respecting the Régie de l’assurance maladie du Québec (chapter R-5) in respect of the aggregate of all amounts each of which is an amount that the corporation would, but for this paragraph and the fourth paragraph of section 1029.8.36.0.3.48, be deemed to have paid to the Minister for the year under this division.

A corporation makes the election to which the second paragraph refers for the repayment year by filing with the Minister, for the first time and on or before the day that is 12 months after the corporation’s filing-due date for the year, the prescribed form containing the prescribed information referred to in the first paragraph.

2002, c. 9, s. 74; 2003, c. 9, s. 218; 2015, c. 24, s. 139.

2006-03-01

1029.8.36.0.3.57. Where, before 1 January 2012, a corporation pays in a taxation year, in this section referred to as the “repayment year”, pursuant to a legal obligation, an amount that may reasonably be considered to be repayment of government assistance or non-government assistance that was taken into account for the purpose of computing qualified wages incurred in a particular taxation year by the corporation in respect of an eligible employee and in respect of which the corporation is deemed to have paid an amount to the Minister under section 1029.8.36.0.3.48 for the particular taxation year, or would be deemed to have paid an amount to the Minister under section 1029.8.36.0.3.48 for that particular year if that section were read without reference to the fourth and fifth paragraphs thereof, the corporation is deemed, if it encloses the prescribed form with the fiscal return it is required to file for the repayment year under section 1000, to have paid to the Minister on its balance due-day for the repayment year, on account of its tax payable for that year under this Part, an amount equal to the amount by which the amount that it would be deemed to have paid to the Minister for the particular year in respect of the qualified wages under section 1029.8.36.0.3.48 if it were read without reference to the fourth and fifth paragraphs thereof and if any amount of assistance so repaid at or before the end of the repayment year had reduced, for the particular year, the amount determined under subparagraph i of paragraph b of the definition of “qualified wages” in the first paragraph of section 1029.8.36.0.3.46, exceeds the aggregate of

(a)  the amount that the corporation is deemed to have paid to the Minister under section 1029.8.36.0.3.48 for the particular year in respect of the qualified wages, or would be deemed to have paid to the Minister under section 1029.8.36.0.3.48 for the particular year in respect of the qualified wages, if that section were read without reference to the fourth and fifth paragraphs thereof; and

(b)  any amount that the corporation is deemed to have paid to the Minister for a taxation year preceding the repayment year under this paragraph in respect of an amount of repayment of that assistance.

Notwithstanding the first paragraph, no corporation may be deemed to have paid the amount determined under that paragraph to the Minister, on account of its tax payable for the repayment year under this Part, where it elects irrevocably, in the manner and within the time specified in the third paragraph, to avail itself for the year of the provisions of section 34.1.9 of the Act respecting the Régie de l’assurance maladie du Québec (chapter R-5) in respect of the aggregate of all amounts each of which is an amount that the corporation would, but for this paragraph and the fourth paragraph of section 1029.8.36.0.3.48, be deemed to have paid to the Minister for the year under this division.

A corporation makes the election to which the second paragraph refers for the repayment year by filing with the Minister, for the first time and on or before the day that is 12 months after the corporation’s filing-due date for the year, the prescribed form containing the prescribed information referred to in the first paragraph.

2002, c. 9, s. 74; 2003, c. 9, s. 218.